National Green Tribunal
S.M. Sivan vs 1. The Government Of Tamil Nadu Rep By Its ... on 30 June, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.01 to 05:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 107 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
S.M. Sivan,
Silver Cloud Estates,
Nilgiris. ...Applicant(s)
Versus
The Government of Tamil Nadu,
Rep by its Secretary to Government,
Department of Environment & Forest,
Chennai and Others. ....Respondent(s)
With
Original Application No. 42 of 2013 (SZ)
(Earlier O.A. No. 525/2018 (PB)
P.Radhakrishnan,
Ooty.
...Applicant(s)
Vs
The Union of India, MoEF,
Rep by its Secretary,
New Delhi and others. ...Respondent(s)
With
Original Application No. 86 of 2017 (SZ)
(Earlier O.A. No. 526/2018 (PB)
P.Subramani,
Gudalur, the Nilgiris. ...Applicant(s)
Vs
The Government of Tamil Nadu,
Rep. by its Secretary
Department of Environment and Forest,
Chennai and 7 others. ...Respondent(s)
With
Original Application No. 190 of 2015 (SZ)
(Earlier O.A. No. 527/2018) (PB)
C.N. Prem Sagar,
1
Gudalur, Nilgiris. ...Applicant(s)
Vs
Gudalur Municipality,
Rep. by its Commissioner,
Gudalur and 4 others ...Respondent(s)
With
Original Application No. 209 of 2015 (SZ)
(Earlier O.A. No. 528/2018 (PB)
Madayya,
Gudalur TK, The Nilgiri District & another ..Applicant(s)
Vs
Gudalur Municipality,
Rep. by the Commissioner of Gudalur,
The Nilgiri District and 7 others. ...Respondent(s)
Date of hearing: 30.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Mrs. Selvi George
For Respondent(s): Mr. C. Harsharaj through
Mr. Arun for R1, R2, R4 & R5
Mr. C. Kasirajan through
Ms. D. Ashwini for R3 and R6
Mr. P. Srinivas for R7
ORDER
1. The above case (O.A. No. 107 of 2021 (SZ)) has been posted to today for appearance of parties and also for filing their independent response by the joint committee.
2. It is noted by this Tribunal earlier in respect of similar issues, batch of cases were there namely O.A. No. 525 of 2018 (PB) to 527 of 2018 (PB) and O.A. No. 528 of 2018 (PB) and these cases were disposed of by the Principal Bench of 2 National Green Tribunal, New Delhi by order dated 26.11.2018 with certain directions to the State Level Monitoring Committee (SLMC) to forward periodical reports as required under the directions contained in the order in O.A. No. 606 of 2018. So those cases were also posted along with this case to today for consideration of reports submitted by the State Level Monitoring committee (SLMC) along with the reports to be submitted by the committee appointed by this Tribunal.
3. When the matter came up for hearing today through Video Conference, Mrs. Selvi George appeared for the applicant. Mr. C. Harsharaj through Mr. Arun represented counsel for respondents 1, 2, 4 & 5, Mr.C. Kasirajan through Ms. D. Ashwini represented respondents 3 and 6 and Mr. P. Srinivas represented 7th respondent. Though notice was served on the 8th respondent, there was no appearance for him.
4. The State level Monitoring Committee (SLMC) has filed its 2nd report in tune with the directions issued in O.A. No. 525 of 2018 (PB) and other connected cases by the Principal Bench of National Green Tribunal. It is seen from the report that there were certain directions issued and the bio-mining activity is also in progress.
5. The District Collector, Nilgiris District /4th respondent in O.A. No. 107 of 2021 has filed reply affidavit. It was mentioned in the report that Tamil Nadu Pollution Control Board (TNPCB) is yet to nominate that representative who is appointed the nodal agency in this case. The District Collector is also referred to the inspection made by the Chairman of State Level Monitoring Committee 3 (SLMC) namely, Hon'ble Justice Dr. P. Jyothimani and re-iterated the observations made by the Chairman of State Level Monitoring Committee (SLMC) in this regard. They have also mentioned that the Tamil Nadu Pollution Control Board (TNPCB) is not nominated his nominee. The inspection could not be conducted and they want to some time for conducting the inspection and submission of the report as due to Lock Down and most of the officer's were not available and the travel was restricted and they were engaged in COVID - 19 Management Programmes.
6. The Registry is directed to upload the 2nd report submitted by Hon'ble Justice Dr. P. Jyothimani, so that the applicant can go through the same and if they want, they can give their suggestions regarding the observations made by the Chairman of State Level Monitoring Committee (SLMC) regarding the implementation of Solid Waste Management Rules, 2016 in Uthagamandalam, Nilgiris District.
7. The Uthagamandalam Municipality is also directed to file their independent statement regarding the status of the implementation of Solid Waste Management Rules, 2016 in their area and regarding the solid waste management of the dump yards within their jurisdiction in respect of which the complaints have been made in the application.
8. The joint committee is also directed to expedite the inspection and submit the report. The Chairman, Tamil Nadu Pollution Control Board is directed to nominate the nominee as directed by this tribunal, so that the inspection can be co-ordinated and the report could be expedited by the committee. 4
9. The Forest Officer is also directed to file their independent statement regarding the status of dump yard and also regarding the transfer of forest land for non forest purpose in respect of which certain requests have been made by the Uthagamandalam Municipality and its stage.
10. One more opportunity can be given to the 8th respondent to engage his Lawyer and submit his statement before this Tribunal. If he did not appear on the next hearing date, then, the matter will be proceed against him for ex-parte.
11. The office is also directed to communicate this order to the Chairman, State Level Monitoring Committee for their information and it is better that the Chairman of the State Level Monitoring Committee or a member of the committee nominated by the Chairman if any available also be present at the time when inspection is carried out by the joint committee appointed by this Tribunal in this case. The nodal agency is directed to inform the date of inspection to the counsel appearing for the applicant in this case (O.A. No. 107 of 2021), so that the counsel can also be present at the time of inspection. The counsel for the applicant is also directed to co-operate with the committee in carrying out the inspection instead of making any hindrance to work of the committee.
12. The committee as well the other respondents are directed to file their report as well as their independent responses as directed by this Tribunal on or before 27.07.2021, by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
5
13. The Registry is directed to communicate this order to the official respondents, Chairman, State Level Monitoring Committee, Chairman and Tamil Nadu Pollution Control Board and also to the members of the committee, immediately through e-mail, so as to enable them to comply with the direction.
14. For appearance of 8th respondent, for completion of pleading and also for consideration of report, post on 27.07.2021 Sd/--
..................................J.M. (Justice K. Ramakrishnan) Sd/--
.................................E.M. (Dr. K. Satyagopal) O. A. No.107/2021, (SZ) 30.06.2021, Sr. 6